Parent of a British Child Visa UK , Required Documents and How To Apply?

Parent of a Child or Parent Route

The Home Office established the Parent Route under Appendix FM of the Immigration Rules. The E-LTRPT or E-ECPT sections (i.e. Eligibility Leave to Remain as a Parent or Eligibility for Entry Clearance as a Parent) is meant for adults (over 18) who have a child in the UK. The child must be settled in the UK or be a British Citizen or must have spent 7 years in the UK continuously. If the child has spent first 7 years of their life in the UK it is accepted that the child has spent formative years of their lives in the UK. In order to be eligible under the Parent of a child route you must prove that it's difficult for the child to relocate anywhere else as the child's best interest or welfare will be compromised if they leave the UK. It is generally considered that the child has established their own private life in the UK.

You can apply for 10 years or so 5 years parent of a child route. You will be eligible for the 5 year route if you fulfil the English Language Requirement and the maintenance requirment. 

If the child is living with the parent applying for leave to remain in the UK, they will need to establish that they have sole custody of the child. Sole Custody can be given by a court or the other parent may have passed away or nowhere to be found. Sole custody makes the person a primary carer of the child and makes all decisions in connection with the child’s upbringing.

If the parent of the child does not have sole custody or one parent is not allowing or restricting the other parent from having contact with the child then they should have a court order to show that they have direct access to the child. This can be done by way of applying for a child contact order from the family court. Before making the application under the Parent of a Child or Parent Route the applicant must get permission of the family court to release the order to the Home Office. 

Alternatively, if the parents have a mutual agreement with the other parent with whom the child lives, confirming that the parent applying for leave to remain in the UK has access to the child/ren, such a mutual agreement can be used to apply for a Parent of a Child route or Parent Route. 

In any event, the parent applying for leave to remain in the UK will need evidence that they have continued to play an active role in the upbringing of the child.

There are no financial requirements to be met by the parent applying under the 10 years route. They should be able to maintain and accommodate themselves and any dependents without recourse to public funds. The financial requirement is exempted where paragraph EX1 applies. EX 1 is applicable if the children have aged 7 years or above or a British Citizen and the applicant and the family cannot reasonably relocate.

Requirements for Parent of a Child or Parent Route

The parent or parents can apply in this category if they can meet the requirements: 

• The child is under the age of 18 years and is in the UK; 
• The parent/s play an active role in the child's life; 
• If the child is not a British Citizen then the child has spent at least 7 years in the UK; 
• If the parents are separated then the other parent has a contact order from the family court;  or 
• There is a mutual agreement between the parents of the child/chilren;
• It is not reasonable for the child to relocate anywhere else with the parents; and/or 
• There is a breach of Human Rights and the child's best interest will be compromised under Section 55 of the Borders Citizenship and Immigration Act 2009

Evidence Required for Parent of a child Route

Generally the evidence may change according to circumstances of the applicant, however, the general evidence is - 

• Completed application form; 
• Birth certificate for the child; 
• Evidence of active involvement in the child's upbringing; 
• Court order or mutual agreement; 
• Evidence of finances; 
• Evidence of Accommodation; and 
• Any other evidence relevant to your circumtances
• Application fee £1,048 
• Immigration Health Surcharge £2,587.50 

If you are unable to afford the fee or are destitute, you can apply for fee waiver.

Once you have made an application under this category you are granted two and a half years (30 months) stay and can apply for settlement after completing 10 years or 5 years dependent on the route you choose.

If you are looking to make an application under this category, please contact Visa and Migration Ltd on 02034111261.

Frequently Asked Questions 

Q. My child is British citizen and born recently can I apply?

Yes, you can apply as soon as you have the Birth Certificate and British Passport for the child

Q. I live with my partner and child, can I apply under this route?

You must apply under the partner route and make an application under paragraph EX.1 of Appendix FM of the Immigration Rules;

Q. I was with my partner and now separated, can I apply on the basis of my child?

Yes, you can apply under this route on the basis of your chid provided 

Q. Can I combine Parent and Partner route to apply for ILR?

Yes, you can complete a 10 year period with combination of parent and partner route;

Q. My child is over 18 years can I apply?

No, you cnnot make initial application under parent route, however can apply for extension if you were granted initial leave before the child turned 18 years old;

Q. My child lives with his mother, can I apply?

Yes, if you are involved with the child, then you can apply

Q. I cannot afford the Home Office fee, what can I do?

You can apply for a fee waiver

Q. What level of English Language I need to meet for 5 year route?

You must meet the level A 1 requirement for initial application and A 2 for Extension application.